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PR 101 Weekly Rant #32 Bloggers can get into a lot of trouble if they don’t the rules

Jeff Cole | September 1, 2010

This may come as a shock to lot of bloggers, but they are bound by the same rules on libel, slander and defamation as any reporter at an old media daily newspaper. I have written several times that the Internet is the wild west of the law. There have not been a lot of cases dealing with such things plagiarism, copyright infringement, and other areas of the law that govern publishing.

That is changing however.

“It was probably inevitable, but we have seen a steady growth in litigation over content on the Internet,” Sandra Baron, executive director of the Media Law Resource Center in New York, told the Los Angeles Times

“Although bloggers may have a free-speech right to say what they want online, courts have found that they are not protected from being sued for their comments, even if they are posted anonymously. Some postings have even led to criminal charges,” the LA Times reported.

This is my rant for this week. Just because you have a laptop and an Internet connection does not mean you can ignore the rules.  As many bloggers are now finding out, pretending those laws don’t apply get them into a whole heap of trouble.

Yet for some reason many bloggers continue to act like they can write and say what they want. There is something about the Internet and the feeling of anonymity that leads people to write things they would never say in person.

What also bothers me is that many blogger could not define libel if it bit them on the butt.

Here for your edification is the definition of libel from the Associated Press Style Book: “at its most basic, libel means injury to reputation. In some states libel is distinguished from slander, in that a libel is written or otherwise printed, whereas slander is spoken; in either case, the word defamation generally includes both terms. Words, pictures, cartoons, photo captions and headlines can all give rise to a claim for a libel.”

One of the very first things drilled into every rookie reporter are the rules of libel. Lawsuits are expensive. Editors don’t like to use their budgets on legal fees.

“Most people have no idea of the liability they face when they publish something online,” Eric Goldman, who teaches Internet law at Santa Clara University, told the LA Times. “A whole new generation can publish now, but they don’t understand the legal dangers they could face. People are shocked to learn they can be sued for posting something that says, ‘My dentist stinks.’”

Under federal law, websites generally are not liable for comments posted by outsiders. They can, however, be forced to reveal the poster’s identity if the post includes false information presented as fact.

That’s right, you cannot hide behind a false identity. Keep in mind that to everyone at your Internet Service provider – with the exception to those who send you the bill – you are a series of numbers. Those numbers are unique and cannot be changed by you. In other words, they can identify you quite easily.

“There’s a false sense of safety on the Internet,” Kimberley Isbell, a lawyer for the Citizen Media Law Project at Harvard University said to the Times. “If you think you can be anonymous, you may not exercise the same judgment” before posting a comment, she said.

So, think before you hit that publish button.

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PR 101 Weekly Rant #31 Despite the resistance of some, social media will take over

Jeff Cole | August 25, 2010

I am refurbishing a typewriter that will be used during my daughter’s upcoming wedding. The typewriter will be used instead of a standard guest book. Rather than sign something, guests will type their best wishes for the bride and groom – if they remember how to use a typewriter.

As I was cleaning and oiling the machine, I realized there was a metaphorical relationship between social media and that typewriter.

The typewriter was my wife’s college machine. It is really nice Smith-Corona manual. For those of you who never used a typewriter, manual means that it’s not electric. The insides are quite elaborate and sophisticated. It takes a series of levers to move each key so the letter strikes the paper. This thing was state-of-the-art 40 years ago.

Today that state-of-the-art machine is viewed as a quant reminder of a bygone era. Sure some people still use typewriters, but some people still use candles. But just as almost no one relies on candles for their primary light source, almost no one uses a typewriter as their primary source of document production.

Computers have taken over almost completely from typewriters. It has changed the way things are done. I tried to type something on the typewriter yesterday. I found the way I think and formulate ideas has changed. My MacBook is much more efficient and a lot faster. No more using White out correction fluid to paint over mistakes.

Yet when the first word processors came along, there was a lot of a resistance. I worked in newsrooms then, a typewriter dense environment if there ever was one. The old reporters argued those word processors were just not as good or efficient as a typewriter. They were too complex, to prone to error and what would happen if the power went out? Better to stick with the Royal upright typewriters. Again an explanation – an upright typewriter looked like an upright piano.

A lot of people look at social media the same way as those old newsroom bulls looked at word processors. It is too complex, it will never work, why don’t we just stick with what has worked for the last 100 years.

The reasons why not are obvious. Social media works better.

The people who ran newsrooms had the foresight to realize that those word processors were the best choice. They saw they were more cost efficient. Sections of the old production processes could be eliminated, keeping costs down and the product competitive.

You know how most newsrooms got the old ones to accept the word processors? One day it was announced that new equipment was being brought into the newsroom. Anyone who wanted to could take their typewriter home at no charge. It was theirs to keep.

When everyone got in the next day, there were shiny new word processors sitting at each desk. A course in how to use them was given. It was a swim or sink move. It worked. It was a pretty painless change. The veterans realized the change was for the better and it was inevitable.

I think a lot of companies need to do the same thing. Instead of dithering about social media, they need to make the change. It will be for the better. And it is inevitable.

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Why Executives Hate Social Media

Jeff Cole | August 2, 2010

This is a guest blog from the social media firm DemingHill. Although it is very long, I found that it provides a lot of information about the C-Suite’s feelings about social media. Because of the length, I have split it into to two parts. Part two will run Wednesday. For more information about DemingHill, click on their name.

I’m an executive and I hate social media. There, I said it. It’s finally “out there.” But before you Twitter a flaming flash mob link to assemble pitchfork-wielding Second Life villagers outside my door, I urge you to take a deep breath, put down your double frappuccino, remove your earpiece, step away from your iPad, and set your iPhasers to stun, for I come in peace.  If you’ve ever wondered why your CEO also hates social media, social networking and, well, socializing in general, I urge you to continue reading.

Just as Fox TV’s Masked Magician series demystified the tricks of the world’s most famous illusionists, I offer the following as both a behind-the-scenes peak and a confessional of sorts, into the mind of the executive. For to truly understand the conflicting yet predictable stonewalling in this domain, one must search deep below the surface, plumbing the depths of the executive psyche, motivations, and worldviews, for only then will you be able to “crack the code,” engage us in our native tongue and communicate in a vocabulary and language to which we will respond.  Consider this your own personal backstage pass to the inner sanctum of the Executive Suite.

Executive: More Perception Than Position

For starters, the term “executive” isn’t a title as much as it is a mindset or a set of attributes – often leading to career success and the achievement of such rank – but what might surprise most is that this ambition and executive mentality often begins to manifest itself early in life.  For example, while most were partying and hanging out in high school, we were already taking college-level classes while holding down several part time jobs.  And when most were “finding themselves” in college and still deciding on a major after three years, we were serving in student leadership, doing internships, or doubling up on classes to finish college a semester early. And when most were finally in the workforce, instead of clubbing and playing in multiple softball leagues, we were completing an advanced degree in night school, pursuing professional certifications, and framing out retirement plans.

Executives are high achievers – that’s just how we’re wired. Give me a mountain and I’ll climb it. And if you don’t have a mountain, I’ll find my own mountain and I’ll climb it.  And if I can’t find a mountain, I’ll build one – just so I can climb it. But here’s what most people don’t get about executives. Once a CEO climbs a mountain, he doesn’t feel the need to Tweet to the world that he did it. He doesn’t have the natural desire to blog, “Look what a great climber I am” and include multiple pictures with links to his Facebook and LinkedIn account. He did it because it’s in his DNA. He doesn’t require the attention, approval, or applause of others, and therein lies the fundamental source of the problem – executives are non-narcissistic in a YouTube world. We’re outliers. In a society that brags, blogs, and Tweets about the tiniest personal minutia, we could care less because, frankly, we expect success, it’s normal to us. It’s like Vince Lombardi’s admonition to his running back after an overly exuberant display, “Next time you make a touchdown, act like you’ve been there before.”

Eagles Don’t Flock

Executives are “eagles,” and unlike seagulls, eagles don’t flock. We’re not joiners and we’re not groupies, which is why we overwhelmingly prefer challenging single-person sports like running, cycling, weightlifting, and our one concession to “group sports” – golf (which is still technically a single-person sport, but more fun in groups). Lance Armstrong didn’t win his titles without leaving the peloton,and ditto for greats like Sampras, Tiger, and Arnold. They had to go above and beyond the group to achieve greatness, and for this reason it truly us lonely at the top (not that we mind).

Social Networking: The Problem is “Networking”

The reason we hate social networking is the same reason we hate regular networking. Exchanging small talk for two hours in a room full of strangers, with a drink in one hand and a business card in the other, and a “Hi, I’m Doug” name tag peeling off my lapel, and standing – my goodness the standing – and looking unsuccessfully for any food with some protein in it, and wondering if this guy with the too-firm handshake is going to see if we can “LinkIn” after sharing an elevator ride, before glancing at my watch and counting the minutes until I can leave and get back to work. It’s a nightmare. Why? Because – surprise, surprise – most executives are actually introverts, who value their time and their privacy and are constantly evaluating the ROI trade-offs of every hour of every day. (Quiz:  How many times have you heard a CEO describe himself as a “People Person”?)

To say that we are anti-social would be a huge misrepresentation, but when you combine the word “social” with “networking” – let’s just say it sends shivers up my spine. Do I like the company of others? Sure I do – but I want the time to be well spent. Instead of random, shallow, unfocused small talk, CEO’s would much rather sit around with a small group of peers for 2 hours and discuss BIG specific challenges – and their solutions. In fact, the reason so much business gets done on the golf course is because it’s one of the few places leaders actually congregate and feel relaxed enough to discuss what’s really on their minds.

Social Networking: The Problem is “Social”

The next hurdle for executives with social networking are the implications of the root word “Social”, and, by its very spelling, its association to Socialism. Socialism is defined as, “Any system of social organization in which the means of producing and distributing goods is owned collectively,” and further, “An economic and political theory based on public ownership or common ownership and cooperative management of the means of production and allocation of resources.” (At least that’s what someone wrote on Wikipedia). The premise and value of the “social media” movement is the power of the collective in the production, distribution, and ownership of goods, and the reason executives resist this model is that it flies in the face of their existing worldview which, quite frankly, has been pretty successful to date. If it ain’t broke, don’t fix it, right? Most of us have a pretty big chip on our shoulders, attributing our career success to the years of diligence, education, ambition, delayed gratification and sacrifices we’ve made to reach the leadership levels we’ve achieved.

Therefore, the anti-capitalistic notion that my work and contributions would be homogenized with the uninspired masses, and that ultimately my value would be determined by the randomness of the collective is a jarring and unpalatable departure. I want to control my company! I want to control my brand! I want to determine my destiny! It’s too important to leave it to chance (or simply be outvoted by the uninformed bourgeois)! Unfortunately and tragically for us executives, the beauty and power of social media is only fully unleashed when we let it go, and that, my friends, is the hardest thing for us to do (…and also explains why we hate checking luggage at the airport).

Beware of Geeks Bearing Gifts

Okay, I promised that this would be a confessional, so here’s a shocker. Over time, there is a tendency for CEO’s to get inflated egos.  Now granted, a healthy ego can serve as a necessary defense mechanism to provide protection from the relentless attacks from subordinates, peers, and the media, but too much amounts to just plain pride. We like to think of ourselves as a pretty smart bunch, and our position is such that even if we don’t completely understand something, we often project to our colleagues that we do.

A classic example of this phenomenon transpired during the Enron debacle, where ranks of senior executives refused to admit that they couldn’t comprehend the mechanics of this powerful conglomerate, until it was too late. It’s the same with new advances in technology, which has accelerated during our careers from “hit or miss” to “mission critical,” going from bricks to clicks and from mortar to mind share, while serving as a platform for everything from infrastructure, billing, and product development, to security, scheduling, and sales. The rapid rate of change in digital innovation has caused CEOs to feel extremely vulnerable around technology because it is something on which we have become very reliant, but which we understand and “control” so little, and this vulnerability leads to fear, and this fear to irrational decisions and suboptimal outcomes. When CEOs don’t have the confidence in their staff to delegate, or lack the humility to admit their ignorance regarding technology advances, they get defensive and act out in fear – or fail to act altogether.

Social Media: Justified Fear?

Executives justify their fear of social media by pointing back to a historic drumbeat of disappointment and unfulfilled promises. They recall with vivid detail the never-ending parade of new online engagement vehicles and “paradigms” introduced over the past 15 years by turtleneck-wearing gurus with names like Kip or Seth, which were then propagated by self-proclaimed “New Economy” experts sporting titles like “Chief Innovation Officer” and “Director of Chaos,” and then championed by side burn-wearing hipster foot soldiers who never met a filter they didn’t like. In the 90’s, we were promised that customers would beat a path to our door if we created something called a “web page” and then “posted” it on this thing called the Internet or World Wide Web or something. Then they convinced us to buy electronic lists and send out “Email Blasts” to our target markets, and next it was a website redesign, push technology, pull technology, exchanged links, partner intranets, eBusiness, eCommerce, blogging, webinars, podcasts, search engine optimization, YouTube videos, LinkedIn, Facebook, Twitter, yada, yada, yada. Each time they promised that this time it would be different, and that this new product/protocol/portal/potion would somehow (magically??) drive revenue, increase efficiency, and optimize utilization (or some other buzz word or invented metric). You told me to blog, so I blogged. You told me to Twitter, so I Tweeted. What’s it going to be tomorrow – scan my body into a mashup simulator to create a hologram so I can telepresence myself into sales calls in Madrid via FourSquare using Flickr? All I know is that I’ve spent a lot of time and money on a series of disjointed initiatives and campaigns and so far none have performed as advertised.

Don’t Feed Me Another Fad

Look, executives aren’t that complicated. While I can handle the many nuanced “gray areas” of business leadership, I prefer to see things in black and white; victories and defeats; profits and losses. I don’t mind making significant, strategic multi-year investments and committing to enterprise-wide initiatives which will improve the future performance of my company – in fact, I ENJOY it – what do you think got me to the Executive Suite in the first place? Just don’t insult me. I don’t want to waste any more time or money on the hype of  “the next big thing” or the newest tool or toy, only to be disappointed when the latest flash-in-the-pan fad fades and goes the way of Harvard Graphics. It’s not that I have a fear of commitment – frankly, it’s just the opposite. I have a healthy fear and distaste for doing things randomly just to be doing something; or because someone saw an article in USA Today, or CNBC did a story on it, or out of fear that I’ll be the last one in my circle to “get on board.” (Believe me, the things that keep me up at night can’t be solved in 140 characters or less). The truth is, I would love to commit to social media in a significant way, but so far nobody in my organization has stepped forward with a cerebral, strategic, multi-generational, integrated, systematic, and sustainable methodology and road map for synergistically capitalizing on this medium over the long haul.

Your Network is Your Net Worth

Executives are uniquely conflicted because we know better than anyone the power of relationships, and the truth of the old axiom, “Your network is your net worth,” yet we are inherently introverts, and gravitate towards solitude versus socializing. We understand on an intellectual level that none of us individually are “too big to fail,” and that even the Lone Ranger had Tonto and Batman had Robin, yet we find initiating conversations and exchanges with others to be draining, distracting, and exhausting rather than invigorating and inspiring. Hence we yearn; as a group we pine; for deep within our heart of hearts burns a great bright hope that somehow and in some way this social media movement or platform or culture or whatever could be harnessed and leveraged to cross that chasm and create valuable, authentic exchanges and relevant, real-time dialogue with stakeholders of all persuasions. If we could just develop an all-encompassing framework for how this would integrate into our enterprise-wide strategy, and manage it like a mission-critical project (complete with milestones, deliverables and accountability instead of fuzzy metrics like “buzz”), I am supremely confident that we could achieve escape velocity and – for the first time – truly establish and be able to articulate a synergistic, sustainable, and quantifiable strategy for leveraging “Best-In-Class” social media options to achieve desired corporate outcomes and maximize financial returns.

A Gift From Media To You

You know, it’s interesting. Somewhere in the convoluted catharsis of composing this confessional, I came to a surprising realization.  Maybe I don’t HATE social media after all. Maybe I just hate the Quixotic context in which most social media conversations exist, featuring a perpetually moving target, combined with an obsessive, cult-like worship of the default worldview, “If Something is New = It Must Be Good”, and where subjective criteria like “mindshare” and “impressions” are considered quantifiable deliverables and irrefutable barometers of success.

Come to think of it, maybe it’s high time that a C-level individual engaged this topic, and – once and for all –created a high-level overview and synopsis, crystallizing all of the strategic benefits and critical value streams, and distilling them into a language that speaks to executives everywhere in our native tongue – bottom line stakeholder value.

Part Two will run Wednesday.

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I post this blog every Monday and Wednesday. On Mondays, I will discuss the how-to of public relations, marketing and social media. On Wednesdays, I will review and discuss marketing campaigns. I am always looking for topics and input. My email address is in the next paragraph. If you want to subscribe to this blog, please use the RSS feed link in the upper right hand corner. In addition, please join my community. In the upper right hand corner, there is a widget marked Google Friend Connect. Please join. This is an example of cutting edge social media. My background: I worked as a reporter for 25 years in central Illinois, upstate New York, suburban Detroit and Milwaukee. I now help clients with marketing communications through my company - JJC Communications LLC. If you want to know more about my company, and myself, click the link. It's a cliché, but it's true for me: no job is too big, no job is too small. I have worked with companies on the Fortune 500 list and I have worked with companies that have one employee. The service I provide is the same for all. Email me at jjcole54@gmail.com.

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